Autumn Shibley et al v. County of San Bernardino et al
| Autumn Shibley, Joanna McCarthy and Ashly N Parrish |
| Rose Picanino, County of San Bernardino, Rhonda Cufone, San Bernardino County Child and Family Services and Does 1-10 |
| ASO Sanford Jossen |
| 5:2019cv00065 |
| January 10, 2019 |
| US District Court for the Central District of California |
| Jesus G Bernal |
| Kenly Kiya Kato |
| Patrick J Walsh |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 14, 2022. A more recent docket listing may be available from PACER.
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| Filing 61 MINUTES (IN CHAMBERS) by Judge Jesus G. Bernal: Order (1) GRANTING Defendants Motion to Continue Trial (Dkt. No. #58 ); (2) VACATING the August 23, 2021 hearing. ( Non Discovery Motions due by 6/27/2021., Last date to conduct settlement conference is 5/23/2021., Final Pretrial Conference continued to 8/8/2022 at 11:00 AM before Judge Jesus G. Bernal.) Trial continued to 8/23/2022 at 09:00 AM before Judge Jesus G. Bernal. (twdb) |
| Filing 60 REPLY Opposition NOTICE OF MOTION AND MOTION to Continue Trial from 4/26/2022 to 8/24/2022 NOTICE OF MOTION AND MOTION to Set Trial Date on 8/24/2022 #58 filed by Defendants County of San Bernardino, Rhonda Cufone, Rose Picanino. (Walker, Jeffrey) |
| Filing 59 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Continue Trial from 4/26/2022 to 8/24/2022 NOTICE OF MOTION AND MOTION to Set Trial Date on 8/24/2022 #58 filed by Plaintiffs Joanna McCarthy, Ashly N Parrish, Autumn Shibley. (Harootun, Kristina) |
| Filing 58 NOTICE OF MOTION AND MOTION to Continue Trial from 4/26/2022 to 8/24/2022, NOTICE OF MOTION AND MOTION to Set Trial Date on 8/24/2022 filed by Defendant County of San Bernardino. Motion set for hearing on 8/23/2021 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: #1 Proposed Order) (Walker, Jeffrey) |
| Filing 57 Notice of Appearance or Withdrawal of Counsel: for attorney Jeffrey Alan Walker counsel for Defendants County of San Bernardino, Rhonda Cufone, Rose Picanino. Adding Jeffrey A. Walker as counsel of record for County of San Bernardino, Rhonda Cufone, Rose Picanino for the reason indicated in the G-123 Notice. Filed by Defendant County of San Bernardino, Rhonda Cufone, Rose Picanino. (Attorney Jeffrey Alan Walker added to party County of San Bernardino(pty:dft), Attorney Jeffrey Alan Walker added to party Rhonda Cufone(pty:dft), Attorney Jeffrey Alan Walker added to party Rose Picanino(pty:dft))(Walker, Jeffrey) |
| Filing 56 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) #55 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Correct specific event to add change address, firm name, phone number or email address is Notices... Change of Address. Note: Wrong event does not provide relief or changes sought.. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lt) |
| Filing 55 NOTICE of Firm Name Change filed by Defendants County of San Bernardino, Rhonda Cufone, Rose Picanino, San Bernardino County Child and Family Services. (Keyes, Jeffrey) |
| Filing 54 Notice of Appearance or Withdrawal of Counsel: for attorney Wilmer J Harris counsel for Plaintiffs Joanna McCarthy, Ashly N Parrish, Autumn Shibley. Adding Kristina A. Harootun as counsel of record for Autumn Shibley, Ashly Norrine Parrish and Joanna McCarthy for the reason indicated in the G-123 Notice. Filed by Plaintiff Wilmer J. Harris. (Harris, Wilmer) |
Filing 53
ORDER by Judge Jesus G. Bernal, Granting Joint Stipulation to Continue Trial and All Trial Related Dates #52 . ( All Discovery cut-off 12/20/2021., Non Discovery Motions due by 2/28/2022., Last date to conduct settlement conference is 1/19/2022., Final Pretrial Conference continued to 4/11/2022 at 11:00 AM before Judge Jesus G. Bernal., Jury Trial continued to 4/26/2022 at 09:00 AM before Judge Jesus G. Bernal.) SEE DOCUMENT FOR FURTHER INFORMATION. (twdb)
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| Filing 52 Joint STIPULATION to Continue Trial and All Trial-Related Dates from 09/28/2021 to 04/26/2022 Re: Order,, Set/Reset Deadlines/Hearings, #51 filed by Plaintiff Joanna McCarthy, Ashly N Parrish, Autumn Shibley. (Attachments: #1 Proposed Order)(Harris, Wilmer) |
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Filing 51
ORDER by Judge Jesus G. Bernal, Granting Joint Stipulation to Continue Trial and All Trial Related Dates #50 . ( All Discovery cut-off 5/24/2021., Non-Discovery Motions due by 8/2/2021., Last date to conduct settlement conference is 6/21/2021., Final Pretrial Conference continued to 9/13/2021 at 11:00 AM before Judge Jesus G. Bernal., Jury Trial continued to 9/28/2021 at 09:00 AM before Judge Jesus G. Bernal.) (twdb)
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| Filing 50 Joint STIPULATION to Continue Trial and All Trial-Related Dates from April 27, 2021 to September 28, 2021 Re: Order,, Set/Reset Deadlines/Hearings, #49 filed by Plaintiff Joanna McCarthy, Ashly N Parrish, Autumn Shibley. (Attachments: #1 Proposed Order)(Harris, Wilmer) |
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Filing 49
ORDER by Judge Jesus G. Bernal, Granting Stipulation to Continue Trial and All Trial Related Dates #48 . ( All Discovery cut-off 12/21/2020., Non Discovery Motions due by 3/1/2021., Last date to conduct settlement conference is 1/18/2021., Final Pretrial Conference continued to 4/12/2021 at 11:00 AM before Judge Jesus G. Bernal., Trial continued to 4/27/2021 at 09:00 AM before Judge Jesus G. Bernal.) (twdb)
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| Filing 48 Joint STIPULATION to Continue Trial from January 5, 2021 to April 27, 2021 filed by Defendants County of San Bernardino, Rhonda Cufone, Rose Picanino, San Bernardino County Child and Family Services. (Attachments: #1 Proposed Order)(Keyes, Jeffrey) |
| Filing 47 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Sanford Jossen has been assigned to serve as Panel Mediator. (mb) |
| Filing 46 STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that Sanford Jossen may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. All parties and the Panel Mediator have agreed that the mediation will be held on 7/2/2020 and counsel will submit mediation statements seven (7) calendar days before the session. Filed by Plaintiffs Joanna McCarthy, Ashly N Parrish, Autumn Shibley(Dawley, Sarah) |
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Filing 45
ORDER STRIKING DOCUMENT NO. 44. by Judge Jesus G. Bernal. Docket No. 44 was issued in error. The document is stricken. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mga) TEXT ONLY ENTRY
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| Filing 44 (STRICKEN)MINUTES OF Scheduling Conference held before Judge Jesus G. Bernal. Court Reporter: Phyllis A. Preston. (mga) Modified on 1/6/2020 (mga). |
| Filing 43 MINUTES OF Scheduling Conference held before Judge Jesus G. Bernal. Court Reporter: Phyllis A. Preston. (mga) |
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Filing 42
ORDER/REFERRAL to ADR Procedure No 2 by Judge Jesus G. Bernal. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than 9/28/2020. (mga)
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Filing 41
CIVIL TRIAL SCHEDULING ORDER by Judge Jesus G. Bernal. Amended Pleadings due by 3/23/2020. Discovery cut-off 8/31/2020. Motions cut-off 11/9/2020. Last date to conduct settlement conference is 9/28/2020. Final Pretrial Conference set for 12/21/2020 11:00 AM before Judge Jesus G. Bernal. Jury Trial set for 1/5/2021 09:00 AM before Judge Jesus G. Bernal. See order for details. (mga)
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Filing 40
SCHEDULING NOTICE AND ORDER by Judge Jesus G. Bernal. On the Court's own motion, the Scheduling Conference set for December 23, 2019, is hereby continued to January 6, 2020, at 11:00 a.m. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY
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| Filing 39 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 10-15 days, filed by Plaintiff Autumn Shibley.. (Harris, Wilmer) |
| Filing 38 Notice of Appearance or Withdrawal of Counsel: for attorney Sarah Louise Dawley counsel for Plaintiffs Joanna McCarthy, Ashly N Parrish, Autumn Shibley. Adding Sarah L. Dawley as counsel of record for Autumn Shibley, Ashly Norine Parrish and Joanna McCarthy for the reason indicated in the G-123 Notice. Filed by Plaintiffs Autumn Shibley, et al.. (Attorney Sarah Louise Dawley added to party Joanna McCarthy(pty:pla), Attorney Sarah Louise Dawley added to party Ashly N Parrish(pty:pla), Attorney Sarah Louise Dawley added to party Autumn Shibley(pty:pla))(Dawley, Sarah) |
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Filing 37
ORDER SETTING SCHEDULING CONFERENCE by Judge Jesus G. Bernal. Scheduling Conference set for 12/23/2019 at 11:00 AM before Judge Jesus G. Bernal. (iva)
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| Filing 36 Notice of Appearance or Withdrawal of Counsel: for attorney Wilmer J Harris counsel for Plaintiffs Joanna McCarthy, Ashly N Parrish, Autumn Shibley. Shake Nazarian is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiffs Autumn Shibley, et al.. (Harris, Wilmer) |
| Filing 35 ANSWER to Amended Complaint/Petition #27 with JURY DEMAND filed by Defendants County of San Bernardino, Rhonda Cufone, Rose Picanino, San Bernardino County Child and Family Services.(Keyes, Jeffrey) |
| Filing 34 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance or Withdrawal of Counsel (G-123), #33 . The following error(s) was/were found: Incorrect document is attached to the docket entry. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ak) |
| Filing 33 Notice of Appearance or Withdrawal of Counsel: for attorney Wilmer J Harris counsel for Plaintiffs Joanna McCarthy, Ashly N Parrish, Autumn Shibley. Shake Nazarian is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiffs Autumn Shibley, et al.. (Harris, Wilmer) |
| Filing 32 RESPONSE filed by Plaintiffs Joanna McCarthy, Ashly N Parrish, Autumn Shibleyto Order on Motion to Dismiss,, #31 (Harris, Wilmer) |
| Filing 31 MINUTES (IN CHAMBERS) by Judge Jesus G. Bernal: Order (1) GRANTING-IN-PART AND DENYING-IN-PART Defendants Motion to Dismiss (Dkt. No. #28 ); and (2) VACATING the September 9, 2019 Hearing. Claims Five and Six are DISMISSED WITHOUT LEAVE TO AMEND. Claim One against Picanino, Claim Four, and Plaintiffs claims for punitive damages for Claims Three, Nine, and Ten against Picanino are DISMISSED WITH LEAVE TO AMEND. Plaintiff shall file an amended complaint, if any, by October 7, 2019. (twdb) |
| Filing 30 REPLY NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint #28 Reply to Plaintiffs' Opposition filed by Defendants County of San Bernardino, Rhonda Cufone, Rose Picanino, San Bernardino County Child and Family Services. (Keyes, Jeffrey) |
| Filing 29 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint #28 filed by Plaintiffs Joanna McCarthy, Ashly N Parrish, Autumn Shibley. (Attachments: #1 Request for Judicial Notice)(Harris, Wilmer) |
| Filing 28 NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint filed by Defendants County of San Bernardino, Rhonda Cufone, Rose Picanino, San Bernardino County Child and Family Services. Motion set for hearing on 9/9/2019 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: #1 Proposed Order) (Keyes, Jeffrey) |
| Filing 27 Second AMENDED COMPLAINT against Defendants All Defendants amending Amended Complaint/Petition #17 , filed by Plaintiffs Autumn Shibley, Joanna McCarthy, Ashly N Parrish(Harris, Wilmer) |
| Filing 26 MINUTES (IN CHAMBERS) by Judge Jesus G. Bernal: Order GRANTING-IN-PART and DENYING-IN-PART Defendants Motion to Dismiss (Dkt. No. #20 ). Plaintiffs shall file an amended complaint, if any, by July 22, 2019. (twdb) |
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Filing 25
SCHEDULING NOTICE AND ORDER by Judge Jesus G. Bernal. The Court finds Defendants' Motion to Dismiss (Doc. No. 20 ) is appropriate for resolution without a hearing. See Fed. R. Civ. P. 78; L.R. 7-15. Accordingly, the Court vacates the hearing set on July 1, 2019. The motion stands submitted on the papers timely filed. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY
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Filing 24
SCHEDULING NOTICE AND ORDER by Judge Jesus G. Bernal. On the Court's own motion, Defendants Motion to Dismiss #20 set for hearing on June 24, 2019, is hereby continued to July 1, 2019, at 9:00 a.m. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY
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| Filing 23 REPLY in support NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #20 filed by Defendants County of San Bernardino, Rhonda Cufone, Rose Picanino, San Bernardino County Child and Family Services. (Keyes, Jeffrey) |
| Filing 22 Notice of Appearance or Withdrawal of Counsel: for attorney Shake Nazarian counsel for Plaintiff Autumn Shibley. Adding Sherri Nazarian as counsel of record for Autumn Shibley, Ashly Norine Parrish and Joanna McCarthy for the reason indicated in the G-123 Notice. Filed by Plaintiff Autumn Shibley, et al.. (Attorney Shake Nazarian added to party Autumn Shibley(pty:pla))(Nazarian, Shake) |
| Filing 21 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #20 filed by Plaintiffs Joanna McCarthy, Ashly N Parrish, Autumn Shibley. (Harris, Wilmer) |
| Filing 20 NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint filed by Defendants County of San Bernardino, Rhonda Cufone, Rose Picanino, San Bernardino County Child and Family Services. Motion set for hearing on 6/24/2019 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: #1 Proposed Order) (Keyes, Jeffrey) |
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Filing 19
STANDING ORDER upon filing of the complaint by Judge Jesus G. Bernal. (ima)
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| Filing 18 MINUTES (IN CHAMBERS) by Judge Jesus G. Bernal: Order (1) DENYING as MOOT Defendants Motion to Dismiss (Dkt. No. #14 ); and (2) VACATING the May 23, 2019 Hearing. SEE DOCUMENT FOR FURTHER INFORMATION. (twdb) |
| Filing 17 First AMENDED COMPLAINT against Defendants All Defendants amending Complaint (Attorney Civil Case Opening), #1 , filed by Plaintiffs Autumn Shibley, Joanna McCarthy, Ashly N Parrish(Harris, Wilmer) |
| Filing 16 NOTICE Plaintiff's Notice of Intent to File Amended Complaint filed by Plaintiff Autumn Shibley. (Harris, Wilmer) |
| Filing 15 NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge Kenly Kiya Kato to Judge Jesus G. Bernal for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Patrick J. Walsh. The case number will now reflect the initials of the transferee Judges 5:19-cv-00065 JGB(PJWx). (rn) |
| Filing 14 NOTICE OF MOTION AND MOTION to Dismiss Complaint for Damages filed by Defendants County of San Bernardino, Rhonda Cufone, Rose Picanino, San Bernardino County Child and Family Services. Motion set for hearing on 5/23/2019 at 10:00 AM before Magistrate Judge Kenly Kiya Kato. (Attachments: #1 Proposed Order) (Attorney Jeffrey Kenneth Keyes added to party County of San Bernardino(pty:dft), Attorney Jeffrey Kenneth Keyes added to party Rhonda Cufone(pty:dft), Attorney Jeffrey Kenneth Keyes added to party Rose Picanino(pty:dft), Attorney Jeffrey Kenneth Keyes added to party San Bernardino County Child and Family Services(pty:dft)) (Keyes, Jeffrey) |
| Filing 13 Notice of Electronic Filing re Notice of Appearance or Withdrawal of Counsel (G-123), #8 e-mailed to Stephanie Yu, syu@sshhlaw.com bounced due to No longer at firm. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lmh) TEXT ONLY ENTRY |
| Filing 12 PROOF OF SERVICE Executed by Plaintiff Autumn Shibley, upon Defendant Rose Picanino served on 3/28/2019, answer due 4/18/2019. Service of the Summons and Complaint were executed upon Rose Picanino in compliance with statute not specified by personal service.Original Summons NOT returned. (Harris, Wilmer) |
| Filing 11 PROOF OF SERVICE Executed by Plaintiff Autumn Shibley, upon Defendant Rhonda Cufone served on 3/28/2019, answer due 4/18/2019. Service of the Summons and Complaint were executed upon Rhonda Cufone in compliance with statute not specified by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Harris, Wilmer) |
| Filing 10 PROOF OF SERVICE Executed by Plaintiff Autumn Shibley, upon Defendant San Bernardino County Child and Family Services served on 3/27/2019, answer due 4/17/2019. Service of the Summons and Complaint were executed upon Jessica Ruiz, designated by law to accept service of process in compliance with statute not specified by personal service.Original Summons NOT returned. (Harris, Wilmer) |
| Filing 9 PROOF OF SERVICE Executed by Plaintiff Autumn Shibley, upon Defendant County of San Bernardino served on 3/27/2019, answer due 4/17/2019. Service of the Summons and Complaint were executed upon Jessica Ruiz, designated by law to accept service of process in compliance with statute not specified by personal service.Original Summons NOT returned. (Harris, Wilmer) |
| Filing 8 Notice of Appearance or Withdrawal of Counsel: for attorney Wilmer J Harris counsel for Plaintiff Autumn Shibley. Stephanie T. Yu is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiffs Autumn Shibley, et al.. (Harris, Wilmer) |
| Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants County of San Bernardino, Rhonda Cufone, Rose Picanino, San Bernardino County Child and Family Services. (et) |
| Filing 6 NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Kenly Kiya Kato. (Attachments: #1 CV11C- Statement of Consent) (et) |
| Filing 5 DECLARATION of Ashly Norine Parrish re Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Ashly N Parrish. (Harris, Wilmer) |
| Filing 4 NOTICE of Interested Parties filed by Plaintiffs All Plaintiffs, (Harris, Wilmer) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiffs Joanna McCarthy, Ashly N Parrish, Autumn Shibley. (Harris, Wilmer) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiffs Joanna McCarthy, Ashly N Parrish, Autumn Shibley. (Harris, Wilmer) |
| Filing 1 COMPLAINT Receipt No: 0973-23024920 - Fee: $400, filed by Plaintiffs Autumn Shibley, Joanna McCarthy, Ashly N Parrish. (Attorney Wilmer J Harris added to party Joanna McCarthy(pty:pla), Attorney Wilmer J Harris added to party Ashly N Parrish(pty:pla), Attorney Wilmer J Harris added to party Autumn Shibley(pty:pla))(Harris, Wilmer) |
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